Order No. 1991-R-501

October 2, 1991

October 2, 1991

IN THE MATTER OF an application by the Ministry of Transportation of the Province of Ontario (hereinafter the applicant), pursuant to section 201 and all other relevant sections of the Railway Act, R.S.C., 1985, c. R-3 for authority to construct an overhead bridge to carry a "highway", namely Highway 416 across and over the track of the Canadian National Railway Company (hereinafter the railway company), at mileage 7.50 Smith Falls Subdivision, in the Regional Municipality of Ottawa-Carleton, in the Province of Ontario, as shown on Plan No. G-52-416-1, revised May 1991 (hereinafter the Plan), on file with the National Transportation Agency (hereinafter the Agency).

File No. R 8050/658-007.50

WHEREAS the Agency has determined, pursuant to paragraph 12(c) of the EARP Guidelines Order, that the potentially adverse environmental effects that may be caused by the proposal are mitigable with known technology;

AND WHEREAS the Agency has reviewed the submissions filed and takes note that the applicant and the railway company are in agreement, and that the utility companies, whose facilities will be affected, were advised and they did not file an objection.

NOW THEREFORE, IT IS ORDERED THAT:

  1. The applicant is authorized to construct the overhead bridge, as shown on the Plan.
  2. The overhead bridge shall be constructed and maintained in compliance with the requirements of the Agency respecting highway crossings.
  3. The applicant shall implement the mitigative measures, practices and procedures for the protection of the environment as set out in its application and related filings and shall cause no variation in these mitigative measures, practices and procedures without the prior approval of the Agency.
  4. Detailed plans shall be submitted to, and approved by, an Engineer of the Agency before construction is commenced.
  5. The cost of constructing and maintaining the overhead bridge shall be paid by the applicant.
  6. The railway company shall prepare all accounts using rates not in excess of those stipulated in Schedule "A" entitled Directives, attached to Agency Order No. 1991-R-52 dated February 1, 1991, or its replacement, for all construction and maintenance work carried out by the railway company under this Order.
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